SECTION 105.4. Opportunity for Hearing

(a) An applicant taking exception to the failure or refusal of the Securities Commissioner to register the applicant as a dealer, agent, investment adviser, or investment adviser representative under the Act, §14, §15, or §18, or to the failure or refusal of the Commissioner to register securities of the applicant or to issue a permit to the applicant under the Act, §7 or §10, may request a hearing pursuant to the Act, §24, by filing a written request with the Commissioner.

(b) Except when an emergency order has been issued pursuant to the Act, §23-2, each party in a contested case is entitled to an opportunity for hearing after reasonable notice of not less than 10 days and to respond and present evidence and argument on each issue involved in the case.

(c) Such hearings shall be open to the public in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, except as may be required by this chapter.

(d) In a contested case filed at SOAH, SOAH Rules of Procedure, the APA, and the Board rules shall apply.

(e) Procedure in a contested case is governed by the law in effect on the date of the filing of the Notice of Hearing.

Source Note: The provisions of this §105.4 adopted to be effective April 3, 2012, 37 TexReg 2165